Patna High Court
Pinki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted to the petitioner as no offence under the Act is made out and she is a first‑time offender, subject to conditions.
Summary
Pinki Devi sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 30 litres of country‑made liquor seized during a police raid. The prosecution alleged that she escaped from the scene and was identified by locals, while the petitioner contended she had no criminal antecedent, no possession of the liquor, and was named out of personal enmity. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) where no offence is established, the Court examined the merits. Considering the petitioner’s clean record and the lack of concrete evidence, the Court granted anticipatory bail with a cash bond and several conditions, including regular police appearances and non‑interference with witnesses. The order directs that she be released on bail if arrested or surrenders within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner is likely to be held liable for the alleged offence given the absence of possession and criminal antecedent.
- Whether imposing specific bail conditions is appropriate in the circumstances.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37754 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- KOPA District- Saran
======================================================
Pinki Devi W/O Lal Bahadur Manjhi R/O Village- Pokhar Bhinda, P.S.-
Kopa, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard the parties.
2. The petitioner apprehends her arrest in connection
with Kopa P.S. Case No. 288 of 2025 for the offence under
sections 30(a) of the Bihar Prohibition and Excise Act lodged on
24.11.2025 by the informant, Kumari Shila.
3. As per the prosecution story, the police upon secret
information, raided the place and recovered/seized 30 liter country
made liquor, the lady who was present there escaped and the locals
gave the name of this petitioner. This led to the F.I.R.
4. Learned counsel for the petitioner submits that
neither she has criminal antecedent nor anything recovered from
her concious possession and only due to enmity, she has been
named.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.37754 of 2026(2) dt.01-07-2026
2/3
the judgment of the Full Bench of Hon’ble Patna High Court in the
case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)
PLJR 1089 wherein it has been held that an application for
anticipatory bail in a case arising out of Bihar Excise and
Prohibition Act can be maintained, despite the bar under Section
76(2) of the Act, if on the basis of allegation made in the FIR, no
offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that she
was the person who escaped when the recovery was made from an
open place outside her house.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that she is a lady having no criminal antecedent, in that
background, this Court is inclined to extend her the privilege of
anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned Court of Special Judge (Excise) -3rd, Saran at Chapra in
connection with Kopa P.S. Case No. 288 of 2025 subject to the
following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.37754 of 2026(2) dt.01-07-2026
3/3
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iii) the petitioners shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be taken
for the cancellation of the bail bonds;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of her bail bonds.
(Rajiv Roy, J)
munindra/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.